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Framing Intellectual Property Law in the 21st Century
Integrating Incentives, Trade, Development, Culture, and Human Rights

$32.00 USD

Rochelle C. Dreyfuss, Christopher Sprigman, Jerome H. Reichman, Susy Frankel, Elizabeth Siew-Kuan Ng, Albert Guangzhou Hu, Megan Richardson, Julian Thomas, David Tan, Graeme W. Austin, Ruth L. Okediji, Graeme Dinwoodie, Annette Kur, Yih-San Tan, Sandra Yu, Mark Lim Fung-Chian, Wee Loon Ng-Loy
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  • Date Published: September 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108651592

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About the Authors
  • As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as a key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. But because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

    • Takes a comprehensive view of intellectual property (IP) that will help readers understand how different perspectives on IP affect policy and legal practice
    • Examines critically each frame in which intellectual property is viewed and looks at the arguments each makes about the costs, benefits, and scope of intellectual property protection
    • Features authors from many different legal traditions, thereby providing an internationalist view of the topics
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    Reviews & endorsements

    'This book critically examines traditional principles of intellectual property (IP) such as the incentive theory for justifying exclusivity and IP protection's linkage with trade and investment from new perspectives for the twenty-first century. Professor Dreyfuss and Professor Ng brought together global academic leaders to tackle on challenging topics: Whether IP is necessary? How human rights, culture and other significant values are incorporated in the current international IP norms? Both students and professionals will benefit from innovative analysis presented in each chapter.' Toshiko Takenaka, W. Hunter Simpson Professor of Technology Law, University of Washington

    'A fresh and engaging re-assessment of first principles that underlie arguments for different levels of intellectual property (IP) protection. The book offers an array of disciplinary, doctrinal, and geographic perspectives, with a special focus on Singapore. Blending the global and the local, and high- and low-protectionist perspectives, the contributors thoughtfully reflect on the value of different frames for enriching and extending contemporary debates over IP rights.' Laurence R. Helfer, Harry R. Chadwick, Sr Professor of Law, Duke University, North Carolina

    'In this book, a first-rate group of experts provide a sophisticated and candid analysis of the advantages and limitations of various justifications for intellectual property protection, including incentive-based theory, facilitating trade among nations, and protecting public health, culture, and human rights. The book also contains a valuable discussion of empirical studies and doctrinal and institutional reforms. It is essential reading for anyone interested in improving intellectual property laws in our global marketplace.' Lisa P. Ramsey, University of San Diego School of Law

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    Product details

    • Date Published: September 2018
    • format: Adobe eBook Reader
    • isbn: 9781108651592
    • contains: 4 b/w illus. 10 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    1. In praise of an incentive-based theory of intellectual property protection Rochelle C. Dreyfuss
    2. Copyright and creative incentives: what do(n't) we know? Christopher Sprigman
    3. Reframing intellectual property rights with fewer distortions of the trade paradigm Jerome H. Reichman
    4. The fusion of intellectual property and trade Susy Frankel
    5. Flexibilities in the implementation of TRIPS: an analysis of their impact on technological innovation and public health in Asia Elizabeth Siew-Kuan Ng and Albert Guangzhou Hu
    6. Image rights and other unorthodox forms of intellectual property Megan Richardson and Julian Thomas
    7. Taking the Mickey out of Disney: a cultural approach to the transformative use doctrine in copyright law David Tan
    8. Authors' human rights in the intellectual property framework Graeme W. Austin
    9. Intellectual property in the image of human rights: a critical review Ruth L. Okediji
    10. Framing the international intellectual property system Graeme Dinwoodie and Annette Kur
    Commentary: framing intellectual property law in the twenty-first century: a policy practitioner's perspective Yih-San Tan and Sandra Yu
    Commentary on Chapter 1 'In praise of an incentive-based theory of intellectual property protection' Mark Lim Fung-Chian
    Commentary on Chapter 6 'Image rights and other unorthodox forms of intellectual property' Wee Loon Ng-Loy

  • Editors

    Rochelle Cooper Dreyfuss, New York University
    Rochelle Cooper Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and co-Director of its Engelberg Center on Innovation Law and Policy. She is a member of the American Law Institute and was a co-Reporter for its Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes. She was a consultant to the Federal Courts Study Committee, to the Presidential Commission on Catastrophic Nuclear Accidents, and to the Federal Trade Commission and served on the Secretary of Health and Human Services' Advisory Committee on Genetics, Health, and Society.

    Elizabeth Siew-Kuan Ng, National University of Singapore
    Elizabeth Siew-Kuan Ng was the Vice-Chairwoman and Director of the Intellectual Property Unit of the EW Barker Centre for Law and Business, and associate professor of law at the National University of Singapore. She served as an Intellectual Property Adjudicator at the Intellectual Property Office of Singapore and as amicus curiae for the Supreme Court of Singapore. In her specialised area of patents, she was retained as a consultant by the World Intellectual Property Organization in Geneva to report on the impact of the patent regime on developing countries.


    Rochelle C. Dreyfuss, Christopher Sprigman, Jerome H. Reichman, Susy Frankel, Elizabeth Siew-Kuan Ng, Albert Guangzhou Hu, Megan Richardson, Julian Thomas, David Tan, Graeme W. Austin, Ruth L. Okediji, Graeme Dinwoodie, Annette Kur, Yih-San Tan, Sandra Yu, Mark Lim Fung-Chian, Wee Loon Ng-Loy

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